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Migue786

Getting Divorce before Removal of Conditions

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Your profile states "Removal of Conditions pending."

Have you received your 10-year Green Card yet, or is the ROC still being processed?

hey Justbob i got kinda the same problem i have been here for 2 years and i pay the fee for the 10years greencard and we were waiting on that but now we are having problems and think we gonna separate and my 2 years greencard expired my wife said she sent paperwork to take her dad (my sponsor) and her name out of the visa and she said that i have to re-apply by myself i need help what can i do now please

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hey Justbob i got kinda the same problem i have been here for 2 years and i pay the fee for the 10years greencard and we were waiting on that but now we are having problems and think we gonna separate and my 2 years greencard expired my wife said she sent paperwork to take her dad (my sponsor) and her name out of the visa and she said that i have to re-apply by myself i need help what can i do now please

She cannot withdraw sponsorship the I-864, however may or may not cause problems for the I-751 that is in process.


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Is now a US Citizen immigration completed Jan 12, 2012.

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Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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hey Justbob i got kinda the same problem i have been here for 2 years and i pay the fee for the 10years greencard and we were waiting on that but now we are having problems and think we gonna separate and my 2 years greencard expired my wife said she sent paperwork to take her dad (my sponsor) and her name out of the visa and she said that i have to re-apply by myself i need help what can i do now please

Your wife cannot withdraw her Affidavit of Support, but she can cause a lot of trouble if she contacts USCIS by sending a letter where she states that you guys are now separating/separated and decided to get a divorce.

If you filed the ROC jointly and at the time you did this there was no indication . . . . well . . . intention to end the marriage, you didn't do anything wrong.

Strictly speaking, if this now changes before the I-751 is approved, you would have to convert your petition to one with a waiver where you file again and have to prove that you entered the marriage in good faith. It's possible that your ROC is being approved very soon, meaning you'll get your 10-year Green Card in the mail, but it's also possible, if not likely, that you and your wife are being called in for an interview. Worse would be if you get your Green Card and then a letter from your wife arrives telling them that you split before the ROC was approved. The timing of this whole thing sucks, big time. I really don't want to advice you on what to do here. Obviously, you could just wait and hope for the best, although it's iffy, or you could convert your ROC by starting over. The problem I have with that is that it most likely will take some time before your divorce is final and your divorce needs to be final in order to get the I-751 adjudicated. You can file now, but you'll get an RFE for the missing divorce decree and if you can't provide it in the alotted time frame of approximately 88 days, you'll eventually get a day in court where you meet an immigration judge. At that point it's attorney time and it gets complicated and expensive.

That's all I can tell you without violating VJ rules.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

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Your wife cannot withdraw her Affidavit of Support, but she can cause a lot of trouble if she contacts USCIS by sending a letter where she states that you guys are now separating/separated and decided to get a divorce.

If you filed the ROC jointly and at the time you did this there was no indication . . . . well . . . intention to end the marriage, you didn't do anything wrong.

Strictly speaking, if this now changes before the I-751 is approved, you would have to convert your petition to one with a waiver where you file again and have to prove that you entered the marriage in good faith. It's possible that your ROC is being approved very soon, meaning you'll get your 10-year Green Card in the mail, but it's also possible, if not likely, that you and your wife are being called in for an interview. Worse would be if you get your Green Card and then a letter from your wife arrives telling them that you split before the ROC was approved. The timing of this whole thing sucks, big time. I really don't want to advice you on what to do here. Obviously, you could just wait and hope for the best, although it's iffy, or you could convert your ROC by starting over. The problem I have with that is that it most likely will take some time before your divorce is final and your divorce needs to be final in order to get the I-751 adjudicated. You can file now, but you'll get an RFE for the missing divorce decree and if you can't provide it in the alotted time frame of approximately 88 days, you'll eventually get a day in court where you meet an immigration judge. At that point it's attorney time and it gets complicated and expensive.

That's all I can tell you without violating VJ rules.

Ok thank you guys for the information then i guess im in a very bad situation here cause yes she said she sent that letter but was around dec 20 and we went for the biometrics in sept 04 i think and she said that the case can take even 1 year to be approved, and where i can check my status or if my case has been touch? and what where i have to see my case number its in the letter we got from them?

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Ok thank you guys for the information then i guess im in a very bad situation here cause yes she said she sent that letter but was around dec 20 and we went for the biometrics in sept 04 i think and she said that the case can take even 1 year to be approved, and where i can check my status or if my case has been touch? and what where i have to see my case number its in the letter we got from them?

The case number is in the biometrics letter you received. You can check you status by using it on USCIS website.


2007-11-8 : Married

AOS

2008-3-03 : AOS sent

2008-3-12 : Check cashed

2008-3-14 : Received Receipt Notices of AOS ,EAD and AP

2008-3-17 : Biometrics Appointment notice date

2008-4-03 : Biometrics Appointment ,,,DONE,,,

2008-5-09 : EAD card ordered and AP approval notice

2008-5-13 : AP approval notice sent

2008-5-16 : AP received

2008-5-19 : EAD Approval notice sent

2008-5-21 : EAD received

2008-6-27 : interview appointment letter (for August)

2008-8---- : interview was fine, but was given a RFE, reason: chicken pox shot( although i got the shot when i was little)

2008-10-- : green card

ROC

2010-7-13 : I-751 sent

2010-7-16 : I-751 received

2010-7-20 : I-751 sent back to me. Cause: signatures and filing early.

2010-7-26 : I-751 re-sent

2010-8-09 : First NOA received ( dated 8/2 )

2010-8-12 : Biometrics appointment letter received ( dated 8/6 )

2010-8-19 : Early biometrics

2010-9-08 : Card production ordered

2010-9-15 : Green Card received, with incorrect first name (one letter missing)

I-90

2010-9-16 : Sent I-90 with Green Card

2010-9-17 : I-90 delivered

2010-9-24 : Receipt received. Notice date: 9-22

2011-2-08 : Card production ordered

2011-2-10 : Card received with NO errors.

N400 :

11-22-2011 :Sent

02-21-2012 :Interview ( a long delay afterwards)

05-18-2012 :Oath - US citizen

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